What is the legal blood alcohol limit (BAC) in West Virginia?
As of May 5, 2004, West Virginia has a BAC threshold of eight hundredths of one percent (.08) by weight, meaning it is unlawful to drive a motor vehicle if your BAC is .08 or greater. Most states have now adopted a BAC threshold of .08. It is very important to note that the law in West Virginia also makes it a crime to drive a motor vehicle in this state if you are under the influence of alcohol or drugs. A police officer may find that you are under the influence of alcohol or drugs if you fail his or her field sobriety tests even if your BAC is less than .08. [Top of page] Do I have to go to jail if I am convicted of a DUI? West Virginia’s laws generally require that anyone convicted of a DUI offense spend some amount of time in jail. See this website’s pages regarding the various offenses and their punishments. [Top of page] Would I be better off to just plead guilty and get it over with? Every case must be evaluated individually to determine the best way to handle the charge. Howeve
A. As of December 15, 2003, West Virginia has a BAC threshold of ten hundredths of one percent (0.1) by weight, meaning it is unlawful to drive a motor vehicle if your BAC is 0.1 or greater. Most states have now adopted a BAC threshold of .08. It is anticipated that West Virginia’s lawmakers will join the rest of the nation within the next couple of years and reduce the lawful BAC to .08. It is very important to note that the law in West Virginia also makes it a crime to drive a motor vehicle in this state if you are under the influence of alcohol or drugs. A police officer may find that you are under the influence of alcohol or drugs if you fail his or her field sobriety tests even if your BAC is less than 0.1.
